HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12003 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned state counsel for opposite parties. 2. Petition has been filed seeking following prayers:- " i) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to make the payment of pension and post retiral dues w.e.f. 20.12.2001 along with arrear and interest within the time stipulated by this Hon'ble Court. ii) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to treat the Petitioner to be regularize w.e.f. 20.12.2001 notionally and make the payment of pension and other outstanding post retiral dues within the time stipulated by this Hon'ble Court. iii) Issue a writ order or direction in the nature of mandamus directing the opposite parties to extend the benefit of the order dated 06.05.2025 passed in Special Appeal No. 607 of 2024 (State of U.P. and 2 Others vs. Chandra Mohan Yadav) and other similar matter. ......" 3. It has been submitted that earlier petitioner had filed writ A No. 12753 of 2024 seeking a direction to the concerned authority to pay post-retiral dues and pensionary benefits by counting his ad-hoc services rendered Versus Counsel for Petitioner(s) : Mohammad Tauseef Siddiqui, Shiv Pratap Singh Counsel for Respondent(s) : C.S.C. Siddhanath Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Ayush Anubhag-I Lko. And 2 Others .....Respondent(s) with effect from 26th August August 1993. It is submitted that in pursuance thereof, the opposite parties have passed the order dated 29th April 2025 rejecting petitioner's claim for counting ad-hoc services but the petitioner is not challenging the aforesaid order since he now wishes for counting of his services with effect from 20th December 2001 when he was entitled for regularization. 4. It is also submitted that in similar circumstances, division bench of this court in the case of State of U.P. and others versus Chandra Mohan Yadav, special appeal No. 607 of 2024 has passed appropriate directions vide judgment and order dated 6th May 2025. It is submitted that the said judgment has already been affirmed by Hon'ble Supreme Court in civil appeal No. 22890-22893 of 2025, decided on 22nd August 2025. 5. Learned state counsel has refuted submissions advanced by learned counsel for petitioner with submission that once petitioner's representation has already been rejected vide order dated 29th April 2025, it was incumbent upon him to challenge the same. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that earlier out come of litigation pertained to counting of petitioner's ad-hoc services rendered with effect from 26th August 1993 which was rejected by means of order dated 29th April 2025 but challenge to same is being waived. It is evident that now pensionary benefits are being sought for notional regularization of petitioner with effect from 20th December 2001. In such circumstances the present petition would constitute a fresh cause of action. 7. Since consideration of petitioner's grievances would entail factual aspects, liberty is granted to the petitioner to file a fresh representation before opposite party number 2 i.e. Director, Ayurved Services, Government of U.P., Lucknow who shall consider and decide the same in the light of the judgment rendered by the division bench of this court in the case of Chandra Mohan Yadav (supra) in case the same is applicable. The decision with regard to same shall be taken expeditiously within a period of 8 weeks from the date a certified copy of this order is produced WRIA No. 12003 of 2025 2 before the said authority. 8. The petition stands disposed of. October 10, 2025 prabhat WRIA No. 12003 of 2025 3 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench